Sangar Aboina Sreena Vs. State Of Andhra Pradesh On 23 April, 1997

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Sangar Aboina Sreena v. State Of Andhra Pradesh

Sangar Aboina Sreena
v.
State Of Andhra Pradesh

(Supreme Court Of India)

No | 23-04-1997

1. The appellant was put up for trial before the Sessions Judge, Warangal for uxoricide. The accusation against him was that on May 15, 1987 at or about 9.30 p.m he poured kerosene oil no the body of his wife and sether on fire. The trial Court convicted the appellant under Section 302 IPC but in the appeal preferred by him the High Court set aside his above conviction and convicted him under Section 306 IPC. The above judgment of the High Court is under challenge in this appeal.

2. This appeal must succeed for the simple reason that having acquitted the appellant for the simple under Section 302 IPC - which was the only charge framed against him - the High court could not have convicted him of the offence under Section 306 IPC. It is true that Section 222 Cr.P.C. entitles a Court to convict a person of an offence which is minor in comparison to the one for which he is tried but Section 306 IPC cannot be said to be a minor offence in relation to an offence under Section 302 IPC within the meaning of Section 222 C.P.C. for the two offences are of distinct and different categories. while the basic constitutent of an offence under Section 302 IPC is homicidal death those of Section 306 IPC are suicidal death and abetment there of.

3. For the foregoing reason the appeal is allowed and the conviction of the appellant under Section 306 IPC is set aside. The appellant, who is on hail, who is on hail, is discharged from his ball bonds.

Advocates List

For

Bench List

HON'BLE JUSTICE M. K. MUKHERJEE

HON'BLE JUSTICE S. P. KURDUKAR

Eq Citation

[1997] 3 SCR 957

(1997) 5 SCC 348

AIR 1997 SC 3233

1997 CRILJ 3955

1997 (1) ALD (CRL) 889

1997 (2) BLJR 1041

1997 -2-LW (CRL) 578

JT 1997 (5) SC 47

1997 (3) SCALE 611

(1997) SCC (CRI) 690

1997 (2) CRIMES 55

2 (1997) CCR 45

1997 (2) SCJ 512

1997 (2) UJ 1

LQ/SC/1997/730

HeadNote

Penal Code, 1860 — Ss. 302 & 306 — Uxoricide — Conviction under S. 306 instead of S. 302 — Propriety of — High Court acquitting appellant of charge under S. 302 IPC but convicting him under S. 306 IPC — Held, High Court could not have convicted appellant of S. 306 IPC — Two offences are of distinct and different categories — While basic constituent of offence under S. 302 IPC is homicidal death, those of S. 306 IPC are suicidal death and abetment there of — Criminal Procedure Code, 1973, S. 222